Popular Government and the Supreme Court: Securing the Public Good and Private Rights (Policy) - Hardcover

Sunderland, Lane V.

Hardcover

ISBN 10: 0700607439 ISBN 13: 9780700607433

Publisher: University Press of Kansas, 1996

Synopsis

This is an argument for reclaiming the fundamental principles of the American Constitution to restore democratic government to its ""proper role"" in American life. The author contends that the popular will has been constrained by an over-powerful Supreme Court using non-constitutional principles.

About this title

From the Back Cover

With quiet eloquence, Lane Sunderland argues that we must reclaim the fundamental principles of the Constitution if we are to restore democratic government to its proper role in American life. For far too long, he contends, the popular will has been held in check by an overly powerful Supreme Court using nonconstitutional principles to make policy and promote its own political agendas. Central to Sunderland's argument is his reconsideration of The Federalist as the first, most reliable, and most profound commentary on the Constitution. He presents a strong, thoughtful challenge to the constitutional theories promoted by Ronald Dworkin, Archibald Cox, Richard Epstein, Michael Perry, John Hart Ely, Robert Bork, Philip Kurland, Laurence Tribe, Mark Tushnet, and Catharine MacKinnon - a diverse group united by an apparent belief in judicial supremacy - and demonstrates that their theories undermine the democratic foundations of the Constitution and the power of the majority to resolve for itself important questions of justice.

Edition details

• Publisher: University Press of Kansas
• Publication date: 1996
• Language: English
• ISBN 10: 0700607439
• ISBN 13: 9780700607433
• Binding: Hardcover
• Number of pages: 392